Mathor v. Lloyd's Underwriters, s. 7540 and 7541

• Decision Date: 23 March 1965
• Docket Number: No. 64-672,Nos. 7540 and 7541,A,s. 7540 and 7541,64-672
• Parties: Jacobo MATHOR, Gregorio Heller and Alexander Bournoukain, a partnership, Appellants, v. LLOYD'S UNDERWRITERS and British Companies subscribing certificates of Coverageppellees.
• Court: Florida District Court of Appeals

Page 71

174 So.2d 71

Jacobo MATHOR, Gregorio Heller and Alexander Bournoukain, a partnership, Appellants, v. LLOYD'S UNDERWRITERS and British Companies subscribing certificates of Coverage Nos. 7540 and 7541, Appellees.

No. 64-672.

District Court of Appeal of Florida, Third District.

March 23, 1965.

Rehearing Denied May 4, 1965.

William A. Stern II, Miami, for appellants.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, Shaw, Pittman, Potts, Trowbridge & Madden, Washington, D. C., Jack Block, Miami, for appellees.

Before BARKDULL, C. J., and CARROLL and HENDRY, JJ.

PER CURIAM.

This is an appeal from a summary judgment granted in an action brought by the appellants to recover for loss of cargo insured by appellees against certain risks including confiscation. The judgment entered by the circuit court set forth the facts and disposed of the questions of law involved, as follows:

'A motion having been made by the defendants herein for summary judgment in the defendants' favor and against the plaintiffs, on the ground that there is no genuine issue as to any material fact and that the defendants are entitled to judgment as a matter of law, and the Court having heard oral argument by counsel for the respective parties, considered the pleadings in the action and all the attachments thereto, the depositions on file, the affidavit attached to defendants' motion, the memoranda of points and authorities filed by the parties, and due deliberation having been had, the Court finds the following material facts as to which there is no genuine issue and states the following conclusions of law:

'Material Facts as to which there is no Genuine Issue:

'1. On April 19, 1961, defendants issued certificates of coverage evidencing that defendants had insured plaintiffs' cargo for a period of one year therefrom, against all risks of loss including loss by confiscation. These certificates contain the following typewritten words: 'Warranted all Necessary Permits Obtained.'

'2. On June 27, 1961, plaintiffs' cargo was confiscated by the Bolivian Government upon the charge that it was contraband merchandise which had been transported illegally into Bolivia. Such cargo has never been released or returned to plaintiffs.

'3. On February 22, 1962, defendants issued formal policies of insurance to plaintiffs in lieu of the certificates of coverage dated April 19, 1961. The first of these (No. F7912A) insured plaintiffs' cargo against all risks of loss except confiscation, and the second (F7912B) insured plaintiffs' cargo against confiscation risks only. The confiscation policy contained the following standard language which amplified and was not inconsistent with the language of the original certificates of coverage:

"Warranted that at the time of attachment of risk dispatch of any consignment insured hereunder shall not be contrary to laws of county in which goods are situate or through which transit will take place, and warranted all necessary permits otherwise no liability to attach hereunder.'

'4. The Bolivian Government conducted hearings pertaining to the charge of smuggling where testimony was heard and evidence was presented before the District Administrator of Customs at La Paz, Bolivia. A decision was rendered by the District Administrator of Customs on June 17, 1962, finding, inter alia, that plaintiffs' cargo had been transported into Bolivia without the proper legal documents having been obtained, and that the introduction of the cargo into Bolivia was in violation of the customs...